Mayflower District Court
#dvssilchuk-v-warchad
This is the start of #dvssilchuk-v-warchad channel.
clerkFlow pinned a message to this channel.2025-06-21 09:01 p.m.
honkhonk used /add
clerkFlow Bot2025-03-18 01:07 a.m. @honkhonk has added @huddy. to the case channel.
Case Modified
honkhonk 2025-03-18 01:10 a.m.
Honorable @Deleted User presiding.
@huddy. , Counsel of Record for the Plaintiff
Deleted User 2025-03-18 01:11 a.m.@huddy. Greetings counselor,
Please draft summons for the defendant in this case. I'll look to signing them in the morning.
Please draft summons for the defendant in this case. I'll look to signing them in the morning.
deleted_user_d300acee5f7f used /add
clerkFlow Bot2025-03-18 01:09 p.m. @deleted_user_d300acee5f7f has added @war to the case channel.
Case Modified
shah 2025-03-19 11:19 a.m.@huddy. dismissed if no response
shah
huddy. 2025-03-19 12:40 p.m.
I was informed in DMs that the clerk did it?
Deleted User 2025-03-23 05:13 p.m.
OK let's get around to handling this
The defendant@war has been summoned successfully. Warchad, please respond to this message to indicate your presence.
The defendant
war 2025-03-23 05:33 p.m.
Deleted User 2025-03-23 05:51 p.m.@war Will you be retaining counsel in this matter?
war 2025-03-23 06:12 p.m.
Not currently
warNot currently
Deleted User 2025-03-23 06:21 p.m.
Very well. This has been dragging on long enough, so I am giving you until Wednesday, March 26, 2025 to file a response to the plaintiff's complaint.
Deleted Userwar 2025-03-24 02:13 p.m.
I hereby appoint @bommes as my counsel
deleted_user_d300acee5f7f used /add
clerkFlow Bot2025-03-24 02:13 p.m. @deleted_user_d300acee5f7f has added @bommes to the case channel.
Case Modified
Deleted User 2025-03-24 02:14 p.m.@bommes Greetings counselor; please enter your notice of appearance and responsive pleading by Wednesday, March 26, 2025.
bommes 2025-03-24 02:14 p.m.
Certainly, before you do though your honor may I clarify something?
bommes 2025-03-24 02:14 p.m.
Or rather, may I ask you for clarification on something?
bommes 2025-03-24 02:15 p.m.@Deleted User
Deleted User 2025-03-24 02:15 p.m.
By all means.
bommes 2025-03-24 02:15 p.m. 
bommes 2025-03-24 02:16 p.m.
These messages, they appear to be advisory in nature, seemingly relating to two cases before you on your docket currently. One of which is this one
Deleted User 2025-03-24 02:16 p.m.
Ah, I see the issue. No, you are mistaken.
Deleted User 2025-03-24 02:17 p.m.
Those messages were intended to be advice related to an entirely different case (now resolved) on my docket, Ekunoob v. Mudpie2 .
bommes 2025-03-24 02:17 p.m.
I see
Deleted User 2025-03-24 02:18 p.m.
Inasmuch as there may be an issue regarding the fact that I have provided advice to plaintiff's counsel in this case, I do not believe that such advice is prejudicial to the defense. It is well within the norm of the field of legal practice for judges to, for instance, engage in public lectures to attorneys related to emerging issues of law.
Deleted User 2025-03-24 02:19 p.m.
I can thus assure you that I am impartial with respect to plaintiff and plaintiff's counsel.
bommes 2025-03-24 02:20 p.m.
That is good to hear
bommes 2025-03-24 02:21 p.m.
Second question, I was wondering if it is at all possible to join/merge dvssilchuk-v-walppo and this case into one. Seeing as both cases relate to events that implicate said defendants
bommesSecond question, I was wondering if it is at all possible to join/merge dvssilchuk-v-walppo and this case into one. Seeing as both cases relate to events that implicate said def...
Deleted User 2025-03-24 02:22 p.m.
If you wish for a joinder, you'll have to file a motion and a sufficient memorandum of law to persuade the Court that such a joinder would be appropriate. You could seek a stipulation from the plaintiff, if they would be amenable to it.
bommes 2025-03-24 02:23 p.m.
Noted
huddy. 2025-03-24 03:39 p.m.@bommes You should try to get a different Judge since I received such prejudicial advise frfr
huddy.bommes 2025-03-24 03:42 p.m.
from what I heard it was a case in which you seemingly took an L in terms of money awarded(edited)
bommes 2025-03-24 03:42 p.m.
so I might just stick around
huddy. 2025-03-24 03:42 p.m.
hee hee haa haa
bommes 2025-03-24 03:43 p.m.
at least he has a sense of humour
huddy. 2025-03-24 03:43 p.m.@Deleted User I request permission to amend the Civil Complaint
bommesat least he has a sense of humour
huddy. 2025-03-24 03:43 p.m.
wait till ur plaintiff counsel and your case gets assigned here
bommes 2025-03-24 03:44 p.m.
Amend? On what grounds
huddy. 2025-03-24 03:44 p.m.
We wish to amend some facts
bommes 2025-03-24 03:44 p.m.
might I remind you that no proof of summons was ever returned here either
huddy. 2025-03-24 03:44 p.m.
Not my responsibility bud
bommes 2025-03-24 03:44 p.m.
so it seems
bommes 2025-03-24 03:46 p.m.
unless plaintiff's counsel can state a very well-plead basis on which he wishes to amend his complaint, I would urge the court to deny this request given that there exists no way for us to verify these so called "facts" at this time (discovery has not opened and no evidence was submitted during filing)(edited)
huddy. 2025-03-24 03:46 p.m.@Deleted User We have made a small error in our facts so would hate to waste the courts time by taking this further, hence why we wish to amend
bommes 2025-03-24 03:47 p.m.
for my sake could you elaborate what it is you wish to amend?
bommes 2025-03-24 03:48 p.m.
p.s. replies to both complaints coming up shortly
huddy. 2025-03-24 03:48 p.m.
A strong technicality that could potentially lead to the dismissal of this case
bommes 2025-03-24 03:49 p.m.
I wish
bommes 2025-03-24 03:58 p.m.@Deleted User reply to complaint for both dvssilchuk-v-warchad and dvssilchuk-v-walppo is in the progress of being uploaded to the trello
bommes 2025-03-24 03:58 p.m.
process*
bommes 2025-03-24 03:58 p.m.
whatever, I can't english today it appears
Deleted User 2025-03-24 03:59 p.m.
Here's my recommendation
bommesDeleted User 2025-03-24 03:59 p.m.
Hold off on your reply
bommes 2025-03-24 03:59 p.m.
oop
Deleted User 2025-03-24 03:59 p.m.
You two should work out whether you're going to stipulate a joinder here, or whether you're going to move the court for a joinder
Deleted User 2025-03-24 03:59 p.m.
THEN it should be considered whether the complaint should be amended, THEN we should have a reply
bommes 2025-03-24 04:00 p.m.
can we do it here?
huddy. 2025-03-24 04:00 p.m.
I would just like to point out that this was very prejudicial and I gained lots of advise and knowledge through this which will be applied to all cases under the honourable Judge's docket and it wasn't indicated to me in any way that this was only to be applied to a closed case which had already been ruled on and closed at the time.
huddy. 2025-03-24 04:00 p.m.
Just putting my full honesty and disclosing everything
huddy. 2025-03-24 04:00 p.m.
Since I fully uphold the integrity of the law
huddy.I would just like to point out that this was very prejudicial and I gained lots of advise and knowledge through this which will be applied to all cases under the honourable Judge's...
Deleted User 2025-03-24 04:00 p.m.
Stop trying to fish for a conflict please
huddy. 2025-03-24 04:00 p.m.
Just doing my duties as outlined by the state bar sir
Deleted UserYou two should work out whether you're going to stipulate a joinder here, or whether you're going to move the court for a joinder
Deleted User 2025-03-24 04:00 p.m.
Now, my appointment has expired, so I cannot actually adjudicate this case; it will likely be reassigned (unless I should receive another interim appointment.) These next steps are probably the best way to go though.
huddy. 2025-03-24 04:01 p.m.@bommes You clearly don't want the complaint amended
huddy. 2025-03-24 04:01 p.m.
and I clearly do
huddy. 2025-03-24 04:01 p.m.
I fail to see how we are meant to work that out
Deleted User 2025-03-24 04:01 p.m.
You should work out the joinder first, since you'll have to amend the complaint if joined anyway(edited)
bommes 2025-03-24 04:01 p.m.
correction
huddy. 2025-03-24 04:01 p.m.
It's a yes or no thing
bommes 2025-03-24 04:01 p.m.
that
bommes 2025-03-24 04:01 p.m.
joinder > squabble over complaint amendment > reply(edited)
bommes 2025-03-24 04:02 p.m.@Deleted User I thought district judges were appointed indefinitely unless removed, did I sleep on something in the judiciary?
Deleted UserNow, my appointment has expired, so I cannot actually adjudicate this case; it will likely be reassigned (unless I should receive another interim appointment.) These next steps are...
huddy. 2025-03-24 04:02 p.m.
?
bommesDeleted User 2025-03-24 04:02 p.m.
Mine was a recess appointment, so it has expired due to the Senate ending a session.
bommes 2025-03-24 04:02 p.m.
on another note the replies have already been filed so they'd need to be removed manually
Deleted UserMine was a recess appointment, so it has expired due to the Senate ending a session.
bommes 2025-03-24 04:02 p.m.
unfortunate
Deleted UserMine was a recess appointment, so it has expired due to the Senate ending a session.
huddy. 2025-03-24 04:02 p.m.
When did it expire?
huddy. 2025-03-24 04:02 p.m.
I am unaware that the senate ended a session ten minutes ago
huddy.When did it expire?
Deleted User 2025-03-24 04:02 p.m.
Whenever the Senate ended their session, so feel free to appeal my judgment in the other case
bommes 2025-03-24 04:05 p.m.@huddy. so you wanna discuss the joinder?
huddy. 2025-03-24 04:05 p.m.
go on
bommes 2025-03-24 04:06 p.m.
I was thinking since there's another judge already hearing another portion of this case (acer)
bommes 2025-03-24 04:06 p.m.
we ask that he adds these two under ethan to that
bommes 2025-03-24 04:06 p.m.
saves us all a bunch of paperwork and headaches
bommes 2025-03-24 04:06 p.m.
because frankly I almost jumped out of a window trying to keep these things apart
bommes 2025-03-24 04:07 p.m.
how's that sound?
bommes 2025-03-24 04:08 p.m.@huddy.
huddy. 2025-03-24 04:08 p.m.
If this gets to another judge, then I will no longer be requesting an amendment to my complaint
huddy. 2025-03-24 04:08 p.m.
so all good there
bommes 2025-03-24 04:09 p.m.
well you heard the man initially that his appointment is over
bommes 2025-03-24 04:09 p.m.
so he can't carry on presiding even if he wanted to
huddy. 2025-03-24 04:09 p.m.
yep
bommes 2025-03-24 04:09 p.m.
so reassignment is more or less a given
bommes 2025-03-24 04:09 p.m.
but do you agree that a joinder here would save everyone paperwork (especially with motions and such)
Deleted User 2025-03-24 04:10 p.m.
Might want to hold off a little bit on that if you're planning on joining with a case before another judge, since I may receive a new appointment before this case is reassigned.
Deleted UserMight want to hold off a little bit on that if you're planning on joining with a case before another judge, since I may receive a new appointment before this case is reassigned.
bommes 2025-03-24 04:12 p.m.
now im confused, is there a possibility you will continue presiding or no?
bommesnow im confused, is there a possibility you will continue presiding or no?
Deleted User 2025-03-24 04:12 p.m.
There is, if I receive a new appointment prior to this case being reassigned, or if there is an emergency session which confirms my nomination prior to this case being reassigned.
Deleted User 2025-03-24 04:13 p.m.
I can't guarantee what the Governor or Senate will do, or what the administrators of this Court will do.
bommes 2025-03-24 04:13 p.m.
noted, so what do you recommend we do in terms of waiting
Deleted User 2025-03-24 04:13 p.m.
You likely will not have to wait for more than today; I don't think the Court administrators will leave you hanging that long.
Deleted UserYou likely will not have to wait for more than today; I don't think the Court administrators will leave you hanging that long.
bommes 2025-03-24 04:18 p.m.
as you said we don't have control over everything, I can't expect everyone to overhaul their schedules
bommes 2025-03-24 04:19 p.m.
but that should be reasonable
Deleted User 2025-03-24 04:38 p.m.
Just confirmed that this case is temporarily not being reassigned, so you guys are good to hold off for a bit
bommes 2025-03-24 04:43 p.m.
Deleted User 2025-03-24 05:04 p.m.
OK gentlemen, I'm back @bommes @huddy.
Deleted User 2025-03-24 05:05 p.m.
So now I'm providing explicit instructions, here's what I want you two to do:
1. Determine if you're going to join this case with the other related cases (this needs to either be a stipulation by both parties to all cases, or presented as a motion)
2. Only after that determination, move to amend the complaint (this will need to be done anyway if a joinder is permitted)
3. After all that, file a reply to the amended complaint
1. Determine if you're going to join this case with the other related cases (this needs to either be a stipulation by both parties to all cases, or presented as a motion)
2. Only after that determination, move to amend the complaint (this will need to be done anyway if a joinder is permitted)
3. After all that, file a reply to the amended complaint
bommes 2025-03-25 11:46 a.m.@huddy. well our instructions are clear it appears
bommes 2025-03-25 11:46 a.m.
let's start with step one
huddy. 2025-03-25 12:41 p.m.
1. No thank you
huddy. 2025-03-25 12:41 p.m.
2. Ok
huddy.1. No thank you
bommes 2025-03-25 01:13 p.m.
What do you mean no thank you
bommes 2025-03-25 01:13 p.m.
You really prefer three cases which are more or less the same set of circumstances, same defendants and same plaintiff to be spread across the court system rather than joined?
huddy. 2025-03-25 01:14 p.m.
Indeed
bommes 2025-03-25 01:15 p.m.
you're impossible
Deleted User 2025-03-25 01:18 p.m.
If there will be no stipulation, then either file a motion to join the cases (with an attached memorandum of law, naturally) or we can proceed with the plaintiff’s motion to amend the complaint @bommes
bommes 2025-03-25 01:22 p.m.
I'll file a motion indeed
huddy. 2025-03-25 01:59 p.m.@bommes The only reason you are trying to enjoin the three cases is because you want them all under a Judge who you have seen gives little payouts, as seen by this comment 
huddy. 2025-03-25 01:59 p.m.
There is no justifiable reason to join three cases when the Plaintiff suing them does not want them joined
huddy. 2025-03-25 02:00 p.m.
Furthermore, you aren't even registered or listed counsel for the Defendant in the third case not under this Judge.
huddy. 2025-03-25 02:00 p.m.
Quit abusing judicial processes to try and sway the possible payouts.
bommes 2025-03-25 02:02 p.m.@Deleted User Your honor can you please tell plaintiff's counsel to pipe it down
bommes 2025-03-25 02:02 p.m.
He knows nothing of my motives, but if it pleases him I will inform him that I am in a chat with all defendants and that it is intended I represent all three of them.
Deleted User 2025-03-25 02:02 p.m.
Play nice, you two, and work this out in DMs please
Deleted User 2025-03-25 02:02 p.m.
You don’t have to have these conversations on record
bommes 2025-03-25 02:03 p.m.
I agree, and yet
huddy. 2025-03-25 02:05 p.m.@Deleted User Plaintiff does not wish for the cases to be joined. We are the ones suing.
Deleted User 2025-03-25 02:05 p.m.
Yeah I got that, counselor
Deleted User 2025-03-25 02:06 p.m.
The defendant can still move to join the cases. That is what the defendant has elected to do. Please stop having an argument on the record, before I start sanctioning people.
bommes 2025-03-25 02:06 p.m.
Bless.
Deleted User 2025-03-25 02:06 p.m.
If you want to resolve this, do so among yourselves off the record and then come back to me with your resolution.
bommes 2025-03-25 02:06 p.m.
But yes your point has made been abundantly clear
Deleted UserIf you want to resolve this, do so among yourselves off the record and then come back to me with your resolution.
huddy. 2025-03-25 02:06 p.m.
With all due respect, why do you keep saying that?
huddy. 2025-03-25 02:07 p.m.
We have made clear our opinions and they are polar opposites
huddy. 2025-03-25 02:07 p.m.
it's one or the other
huddy. 2025-03-25 02:07 p.m.
you can't 'resolve' it
huddy. 2025-03-25 02:07 p.m.
Defendant just needs to file his motion and we will respond
bommes 2025-03-25 02:07 p.m.
...because cluttering the case chat is of no help and it is not relevant to proceedings
huddy. 2025-03-25 02:07 p.m.
Wasn't talking to you and that isn't what I'm asking.
bommes...because cluttering the case chat is of no help and it is not relevant to proceedings
Deleted User 2025-03-25 02:07 p.m.
Which you are continuing to do despite the fact that I just told you not to @huddy.
huddy. 2025-03-25 02:07 p.m.
I am simply inquiring as to your statement
huddy. 2025-03-25 02:07 p.m.
But ok
Deleted User 2025-03-25 02:08 p.m.
There is no inquiry necessary. I simply explained a step you could take. I understand that you do not wish to. That is fine. There is nothing more to say; we await the defense’s motion.
You have until the end of today to get that motion filed, since this needs to move along.@bommes
You have until the end of today to get that motion filed, since this needs to move along.
Deleted UserThere is no inquiry necessary. I simply explained a step you could take. I understand that you do not wish to. That is fine. There is nothing more to say; we await the defense’s mo...
bommes 2025-03-25 02:09 p.m.
I am working on it as we speak so that should be no issue
bommes 2025-03-25 02:19 p.m.@Deleted User Your honor since it concerns three cases, do you wish for me to list all three under case numbers and list all defendants, or just the case I am filing said motion in?
bommes 2025-03-25 02:20 p.m.
*case number
Deleted User 2025-03-25 02:24 p.m.
Just this case’s number is acceptable.
bommes 2025-03-25 02:25 p.m.
Alright! In that case the motion is as good as done
bommes 2025-03-25 04:20 p.m.@Deleted User motion filed to the trello your honor, it should be uploaded momentarily
huddy. 2025-03-25 04:21 p.m.
Courtesy?
bommes 2025-03-25 04:22 p.m.
sure why not
bommes 2025-03-25 04:22 p.m.
bommes 2025-03-25 04:22 p.m.
as soon as it embeds
huddy. 2025-03-25 04:23 p.m.
Files are meant to be uploaded as files
huddy. 2025-03-25 04:23 p.m.
Can you do that please?
bommes 2025-03-25 04:25 p.m.
I uploaded the file to the trello, but I figured this was easier for everyone to see
bommes 2025-03-25 04:25 p.m.
but if you rather have the file: here you go
92.17 KB
huddy. 2025-03-26 01:10 p.m.@Deleted User Response shortly
huddy.Deleted User 2025-03-27 10:14 a.m.
Please have your response submitted by the end of today, counselor.
huddy. 2025-03-27 11:15 a.m.@Deleted User
huddy.Deleted User 2025-03-27 12:01 p.m.
Counselor, I do hope you know that “judicial economy” doesn’t refer to literal financial activity, but to the overall expedience of the courts.
Nevertheless, I will be more thoroughly considering this motion and issuing a ruling later today.
Nevertheless, I will be more thoroughly considering this motion and issuing a ruling later today.
huddy. 2025-03-27 12:09 p.m.
With all due respect, if you read the rest of it then you wouldnt understand, as I pointed out, that I have debunked the figurative meaning of it, that was just a final last comment, as I pointed out.
huddy. 2025-03-27 12:09 p.m.
Please don't make that the entire point 
Deleted User 2025-03-27 12:13 p.m.
I’m not, I just think that was very silly to include
huddy. 2025-03-27 12:48 p.m.
It wasn't intended to be 'silly', but you never know what opposing counsel might be getting at
bommesbut if you rather have the file: here you go
Deleted User 2025-03-27 02:11 p.m.
Really had to mull this one over, but I think I'm going to go with denying the motion for now. The defense clearly and very strongly doesn't want the cases joined, and it isn't being alleged by anyone that the defendants were acting in concert or anything that would make it more conceptually easy to slap these cases together.
Deleted User 2025-03-27 02:11 p.m.
This does mean you'll have to file three separate answers, but it shouldn't be too hard since a lot of it will be substantively the same.
Deleted User 2025-03-27 02:12 p.m.@huddy. @bommes Next step: Please work out amending the complaint (or complaints, if you want to amend in the other cases as well.) Either stipulate the amendments or move to amend, and so on.
Deleted User 2025-03-27 02:13 p.m.
I want this worked out, any amended complaint filed, and the necessary responsive pleadings filed in all three cases within the next 24 hours.(edited)
huddy. 2025-03-27 02:28 p.m.
Thank you Your Honor.
bommes 2025-03-27 06:34 p.m.
Im guessing you will not pay any consideration to motions to reconsider @Deleted User
bommesIm guessing you will not pay any consideration to motions to reconsider @Deleted User
Deleted User 2025-03-27 06:34 p.m.
I've made my decision as far as the joinder goes; let us proceed.
Deleted UserI've made my decision as far as the joinder goes; let us proceed.
bommes 2025-03-27 06:36 p.m.
Actually if you wouldn’t mind: could you type up a (short) ruling? Particularly on why you chose to have the plaintiff’s interest (not wanting the cases consolidated for whatever reason) outweigh the benefits for pretty much all parties (not saying you were biased in any way, I just thought this was as obvious as it gets when pointing out the benefits of consolidating these three cases)
bommes 2025-03-27 06:37 p.m.
I’ll start writing the (other) answers in the meantime so there’s no unneeded delay
bommes 2025-03-27 06:44 p.m.
It’s not even out of spite that I make this request, I want to quickly point that out; it’s more so out of curiosity
bommesActually if you wouldn’t mind: could you type up a (short) ruling? Particularly on why you chose to have the plaintiff’s interest (not wanting the cases consolidated for whatever r...
Deleted User 2025-03-27 07:05 p.m.
It mostly comes down to the fact that I considered having three individual fact patterns with all of their hearings occurring in one discord record. I didn't want all the clog.
Deleted User 2025-03-27 07:05 p.m.
I don't think a formal ruling is really necessary (particularly since I am very busy right now, finals aren't in too long and things are heating up)
huddy. 2025-03-28 03:16 a.m.@bommes You've already got all the cases under the no damages judge
huddy. 2025-03-28 03:16 a.m.
what motive could you possibly have for this
huddy.what motive could you possibly have for this
bommes 2025-03-28 05:17 a.m.
I understand why you might think that I have some scheme planned, but really the only motive I have is convenience: not having to file things in threefold for starters
huddy. 2025-03-28 05:39 a.m.
There are three different cases
huddy. 2025-03-28 05:40 a.m.
Regarding people who took part in three different actions
huddy. 2025-03-28 05:40 a.m.
Yes, you will file three different motions
huddy.Yes, you will file three different motions
bommes 2025-03-28 11:14 a.m.
…but? Or is that it
huddy.Regarding people who took part in three different actions
bommes 2025-03-28 11:15 a.m.
I disagreed, but the judge did not, however: since it’s all under one judge now I guess we’ve found a middle ground(edited)
Deleted UserI want this worked out, any amended complaint filed, and the necessary responsive pleadings filed in all three cases within the next 24 hours.(edited)
Deleted User 2025-03-28 11:20 a.m.
You have a few hours to move or stipulate to amend your complaints. @huddy. (edited)
bommes 2025-03-28 11:27 a.m.@Deleted User to be clear, if he somehow files after the deadline that does not come back to bite me does it?
Deleted User 2025-03-28 11:28 a.m.
I will not be considering a motion to amend the complaint after the deadline; these cases need to get moving.
bommes 2025-03-28 11:28 a.m.
Well I’m waiting for the go ahead since I really don’t want to have three answers ready only to be shown an amended complaint after
Deleted User 2025-03-28 11:31 a.m.
You can file them after the deadline at 1:30 PM CST.
bommes 2025-03-28 11:32 a.m.
Noted
Deleted UserYou can file them after the deadline at 1:30 PM CST.
huddy. 2025-03-28 12:32 p.m.
Where was this
huddy. 2025-03-28 12:32 p.m.
I’m not home for 4 hours
Deleted UserI want this worked out, any amended complaint filed, and the necessary responsive pleadings filed in all three cases within the next 24 hours.(edited)
Deleted User 2025-03-28 12:39 p.m.@huddy.
huddy.I’m not home for 4 hours
Deleted User 2025-03-28 12:40 p.m.
I’ll give you an additional six hours to file, so you have until 7:30 PM CST. @huddy. @bommes
bommes 2025-03-28 02:39 p.m.
I wish we could react so we wouldn't have to type acknowledged lol
huddy. 2025-03-28 03:54 p.m.@Deleted User
huddy. 2025-03-28 03:54 p.m.
We will be withdrawing these three suits until further notice due to issues arising with the Plaintiff.
huddy.We will be withdrawing these three suits until further notice due to issues arising with the Plaintiff.
Deleted User 2025-03-28 04:04 p.m.
Please submit a motion to dismiss. I will need to consider your reasons and decide whether to dismiss with or without prejudice.
huddy.We will be withdrawing these three suits until further notice due to issues arising with the Plaintiff.
bommes 2025-03-28 04:05 p.m.
It's none of my business surely but nothing bad I hope
huddy. 2025-03-28 04:27 p.m.
Will do
bommes 2025-03-29 05:31 p.m.@huddy. are you still planning to submit that MTD
Deleted User 2025-03-30 12:43 a.m.@huddy. You have until 7:00 PM CST, March 30, 2025 to submit your motion to dismiss, or to submit your motion to amend the complaint, or to affirm that you do not intend to amend the complaint and will be proceeding as normal, or all three of these cases will be dismissed for lack of prosecution. Far too much time is being wasted after you were already given an original deadline, and have now asked to withdraw.(edited)
huddy. 2025-03-30 08:59 a.m.@Deleted User We wish for this to be dismissed without prejudice as we may bring it up again, but the Plaintiff is too busy irl to do this at the moment
huddy. 2025-03-30 08:59 a.m.
This is unexpected
huddy. 2025-03-30 09:00 a.m.
You want us to submit a written motion?
Deleted User 2025-03-30 09:11 a.m.
Please do, I’d like to see the exact reasoning.
bommes 2025-03-31 05:07 p.m.@Deleted User your honor the defense moves for the court to render a decision on this matter sua sponte as this has been well past the deadline
bommesDeleted User 2025-03-31 05:07 p.m.
Well it's not sua sponte if you move for it, but your motion is well taken - the Court will be drafting and issuing an order soon.
Deleted UserWell it's not sua sponte if you move for it, but your motion is well taken - the Court will be drafting and issuing an order soon.
bommes 2025-03-31 05:08 p.m.
shrug, but much appreciated. thank you!
bommes 2025-03-31 05:09 p.m.
(it indeed was not sua sponte, i'll just... pretend that never happened)(edited)
Deleted UserWell it's not sua sponte if you move for it, but your motion is well taken - the Court will be drafting and issuing an order soon.
huddy. 2025-04-01 02:37 a.m.
Your Honor the Defense has been discussing a settlement in my DMs
huddy. 2025-04-01 02:37 a.m.
So unless they've been trying to trick me, they should at least tell me they are not interested if they are not interested, because I have otherwise been misled into not dropping this yet as a settlement has been proposed by them
bommes 2025-04-01 07:57 a.m.
that doesn't mean you can just.. not inform the court of anything
bommes 2025-04-01 07:58 a.m.
but yes it is true that we have been discussing settlements, however I was under the impression that it would naturally lead to the plaintiff's counsel saying so after he stated he was looking into dropping these suits
huddy. 2025-04-01 08:19 a.m.
oop thought I remembered doing sk
huddy. 2025-04-01 08:19 a.m.
my bad
bommes 2025-04-01 08:40 a.m.
mistakes happen
huddy. 2025-04-01 04:01 p.m.
Yeah @Deleted User once again I totally apologise, I thoroughly remember sending a message here, hence why I didn't update you again, mistake on my end
Deleted User 2025-04-01 04:03 p.m.
So are you two settling these cases?
huddy. 2025-04-01 04:25 p.m.
I believe so, waiting on a response
Deleted UserSo are you two settling these cases?
bommes 2025-04-02 06:16 a.m.
I've proposed the offer to my clients but 2 out of 3 have gone AWOL on me
bommes 2025-04-02 06:16 a.m.
Not much I can do at the moment
Deleted User 2025-04-04 10:44 a.m.
OK so I need to know what's going on with these cases @huddy. @bommes
Deleted User 2025-04-04 10:44 a.m.
Are you two still trying to settle? Are the clients still not responding?
Deleted User 2025-04-04 10:44 a.m.
If that's the case, then we need to get moving and set this thing for trial.
Deleted UserAre you two still trying to settle? Are the clients still not responding?
bommes 2025-04-04 11:01 a.m.
My clients made an offer which I’ve related, James is yet to respond
bommes 2025-04-04 11:01 a.m.
relayed*(edited)
huddy. 2025-04-04 11:40 a.m.
^^
huddy. 2025-04-04 11:40 a.m.
I think I'll have an answer from my client within 48 hours
huddy.I think I'll have an answer from my client within 48 hours
Deleted User 2025-04-04 08:35 p.m.
Alright. I'll put this case on hold until one of you transmits the dismissal per the agreement or I'm informed that there is no agreement.
bommes 2025-04-05 03:06 p.m.@Deleted User we have reached an agreement, I will draft the “contract” asap
bommes 2025-04-05 03:07 p.m.
(this pertains to the matters of:
dvssilchuk-v-warchad , dvssilchuk-v-walppo and
dvssilchuk-v-nebulouscloud
)(edited)
)(edited)
shah 2025-04-10 04:45 p.m.@bommes
shah 2025-04-10 04:48 p.m.
have you settled this @bommes @huddy.
who 2025-04-10 05:43 p.m.
Reviewing this tonight
shahhave you settled this @bommes @huddy.
huddy. 2025-04-11 04:37 a.m.
Waiting to receive the money
bommes 2025-04-11 10:52 a.m.@huddy. Slow down there, we haven’t even signed the contract
bommeshuddy. 2025-04-11 10:52 a.m.
Waiting for that too then
huddy. 2025-04-11 10:52 a.m.
Are you gonna sign it or what
huddy.Are you gonna sign it or what
bommes 2025-04-11 10:53 a.m.
There’s a reason there’s multiple signature fields.. if you’d bothered to read the contract in full you’d notice who’s signatures im expecting
huddy. 2025-04-11 10:56 a.m.
Oh right, I was waiting for you to add the clause where you yourself are going to pay some of the settlement on behalf of your clients because you were to scared to ask one to pay extra
huddy. 2025-04-11 10:57 a.m.
Ah it seems you added it!
huddy. 2025-04-11 10:57 a.m.
I see none of your clients have signed it...
huddy. 2025-04-11 10:57 a.m.
And I see that my client is unable to sign it as it has editing off.
who 2025-04-12 08:49 a.m.@bommes @huddy. this is taking up three cases on my docket so what's the progress here
whohuddy. 2025-04-12 08:53 a.m.
Waiting on his clients to sign the deal
huddy. 2025-04-12 08:53 a.m.
ie the three defendants
whobommes 2025-04-12 09:52 a.m.
see I was motioning to have them conjoined but the previous judge didn’t see the need, so if you want to conjoin them (should we for whatever reason not manage to make a deal) you can reconsider
bommes 2025-04-12 09:52 a.m.
wait what’s the word
bommes 2025-04-12 09:52 a.m.
consolidate
bommes 2025-04-12 05:11 p.m.@who update for the court, my clients have signed and we are now awaiting the signatures of the plaintiff and their counsel
huddy. 2025-04-13 02:41 p.m.@bommes @who We have signed a settlement.
bommes 2025-04-15 01:31 p.m.@who
shah used /add
clerkFlow Bot2025-04-15 01:43 p.m. @shah has added @who to the case channel.
Case Modified
who 2025-04-15 02:02 p.m.@bommes @huddy. what do you two want
bommes 2025-04-15 02:02 p.m.
...money?
bommes 2025-04-15 02:02 p.m.
well he does
who 2025-04-15 02:02 p.m.
you can either ask for dismissal or ask stipulation of dismissal
who 2025-04-15 02:03 p.m.
your contract has nothing to do with me unless you ask for a stipulation
who 2025-04-15 02:03 p.m.
if its signed you can seek dismissal and execution if it isnt executed or you can ask for stipulation of dismissal now
bommes 2025-04-15 02:03 p.m.
your honor, respectfully: did you read the contract?
who 2025-04-15 02:06 p.m.
i'm not going to construe a contract as a stipulation of dismissal or a motion to dismiss with prejudice
who 2025-04-15 02:06 p.m.
your agreement has nothing to do with the court
who 2025-04-15 02:07 p.m.
the two attorneys can sign a seperate stipulation of dismissal and any terms of that dismissal if that is what you want
bommes 2025-04-15 02:07 p.m.
alright if you want me to elaborate I will, the plan is thus:
bommes 2025-04-15 02:09 p.m.
1. court sets a 6 day deadline to compel defendants to honor the settlement per the terms stipulated
2. defendants pay
3. plaintiff confirms payment
4. plaintiff/their attorney motion to dismiss cases with prejudice
2. defendants pay
3. plaintiff confirms payment
4. plaintiff/their attorney motion to dismiss cases with prejudice
bommes1. court sets a 6 day deadline to compel defendants to honor the settlement per the terms stipulated 2. defendants pay 3. plaintiff confirms payment 4. plaintiff/their attorney mot...
who 2025-04-15 02:09 p.m.
if you want to seek execution of this contract it has nothing to do with the present case
bommes 2025-04-15 02:09 p.m.
the document was merely a courtesy copy
who 2025-04-15 02:09 p.m.
i recommend you draft and sign a notice of settlement and stipulation of dismissal
who 2025-04-15 02:09 p.m.
and have the other attorney sign it
who 2025-04-15 02:09 p.m.
i will happily dismiss this case without prejudice absent of that considering you have asked for that
bommes 2025-04-15 02:10 p.m.
what no
bommes 2025-04-15 02:10 p.m.
we seek dismissal with prejudice which is why we have that contract
who 2025-04-15 02:10 p.m.
the execution of this contract has nothing to do with the present case
who 2025-04-15 02:10 p.m.
the execution is an entirely separate matter which can be argued separately
bommes 2025-04-15 02:11 p.m.@huddy. i suppose there is more work for us to do
who 2025-04-15 02:11 p.m.
and will require filing an additional case to seek execution
who 2025-04-15 02:11 p.m.
unless you want to bring to the court a stipulation of dismissal
who 2025-04-15 02:11 p.m.
which i will enforce
who 2025-04-15 02:11 p.m.
but a stipulation of dismissal is the only way for this court to care about any agreement between you two
who 2025-04-15 02:12 p.m.
and it's not that your contract is unenforcable or invalid
who 2025-04-15 02:12 p.m.
it just won't be enforcable by this court unless you stipulate dismissal on the same terms
bommes 2025-04-15 02:12 p.m.
ok so basically you want a document saying we all agree to have the cases dismissed with prejudice
bommes 2025-04-15 02:12 p.m.
but before that we need to execute the agreement so...
bommes 2025-04-15 02:12 p.m.
until that is done, there won't be one
bommes 2025-04-15 02:13 p.m.
i was under the impression this document served as a stipulation of sorts
bommes 2025-04-15 02:13 p.m.
guess I was mistaken
who 2025-04-15 02:15 p.m.
you have three options
1: you can proceed with dismissal with prejudice on the plaintiff's motion alone (and seek execution of the contract at a later date in a separate action if it is not executed)
2: you can seek a stipulation of dismissal from this court with terms
3: you can seek a stipulation of dismissal from this court without terms
1: you can proceed with dismissal with prejudice on the plaintiff's motion alone (and seek execution of the contract at a later date in a separate action if it is not executed)
2: you can seek a stipulation of dismissal from this court with terms
3: you can seek a stipulation of dismissal from this court without terms
bommes 2025-04-15 02:16 p.m.
so would it be sufficient to paste the contract in a motion and have that be a motion for stipulation or
bommes 2025-04-15 02:16 p.m.
because frankly this is the first time I'm being made to do this
who 2025-04-15 02:18 p.m.
this contract doesn't include any provision that allows the court to retain jurisdiction if you require execution at a later date
who 2025-04-15 02:18 p.m.
so if you want me to construe it as that it will likely not end well
bommes 2025-04-15 02:19 p.m.
right
bommes 2025-04-15 02:20 p.m.
so what you're saying is do whatever it is you two want, the only way for this to be dismissed is through a stipulation
bommes 2025-04-15 02:20 p.m.
(just a summary)
who 2025-04-15 02:20 p.m.
it can be dismissed with prejudice immediately if that is what you want
who 2025-04-15 02:20 p.m.
i just won't have any part of execution unless your hypothetical future case relating to execution ends up back in my court
who 2025-04-15 02:21 p.m.
i won't order any party to do anything i will just dismiss the case and the contract is up to you and the other party to figure out
who 2025-04-15 02:21 p.m.
unless there is a stipulation of dismissal that allows the court order the parties to abide by the agreed terms
bommes 2025-04-15 02:22 p.m.
ah i see
bommes 2025-04-15 02:22 p.m.
well we plan to have the contract fulfilled first and then we will seek dismissal with prejudice
bommes 2025-04-15 02:22 p.m.
kinda weird to dismiss the case without anything done
who 2025-04-15 02:22 p.m.
ok
bommes 2025-04-15 02:22 p.m.
that's like building a roof before the house
who 2025-04-15 02:22 p.m.
this is why stipulations of dismissal exist
who 2025-04-24 08:45 p.m.
Do you want this dismissed now @bommes @huddy.
whoDo you want this dismissed now @bommes @huddy.
huddy. 2025-04-25 02:43 a.m.
Defense has failed to pay within the timeframe
huddy. 2025-04-25 02:43 a.m.
so absolutely not
bommes 2025-04-25 04:43 a.m.
you try coordinating three defendants to pay up and you’ll see its no small feat.
bommes 2025-04-25 04:43 a.m.
for what it’s worth I think we have the final payment after which I can transfer it all to your client so take it or leave it @huddy.
bommesyou try coordinating three defendants to pay up and you’ll see its no small feat.
huddy. 2025-04-25 06:02 a.m.
Apologies for forcing you at gunpoint to take on three clients that you cannot handle
bommesfor what it’s worth I think we have the final payment after which I can transfer it all to your client so take it or leave it @huddy.
huddy. 2025-04-25 06:02 a.m.
Arrange this in my DMs.
huddy.Apologies for forcing you at gunpoint to take on three clients that you cannot handle
bommes 2025-04-25 09:39 a.m.
Apology accepted!
huddy. 2025-04-25 10:49 a.m.
Bludclart
who 2025-05-02 06:52 p.m.
update @bommes @huddy.
whoupdate @bommes @huddy.
bommes 2025-05-02 07:39 p.m.
last payment is in the process of being handled, all i ask is patience
bommes 2025-05-05 06:06 p.m.
courtesy update for the court, the original agreement has been fulfilled, we now request for these cases (dvssilchuk-v-warchad , dvssilchuk-v-walppo and dvssilchuk-v-nebulouscloud ) to be dismissed with prejudice per the agreement as soon as plaintiff's counsel concurs
cc:@huddy. @who (edited)
cc:
who 2025-05-05 06:53 p.m.
Do you agree @huddy.
whoDo you agree @huddy.
huddy. 2025-05-06 02:13 a.m.
Agreed
bommes 2025-05-09 05:54 p.m.@who so... can this be considered a wrap?
who 2025-05-09 06:32 p.m.
Yeah
who 2025-05-09 06:32 p.m.
Dismissed with prejudice
whoDismissed with prejudice
bommes 2025-05-09 10:07 p.m.
wonderful! thank you
shah 2025-05-12 08:50 p.m.@Underprothonotary
Brenda used /transcript
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